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Syed RAZA HUSSAIN BUKHARI vs State Ss — 2022 PLD 743 SUPREME-COURT

Case information

Citation
2022 PLD 743 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
PLD
Parties
Syed RAZA HUSSAIN BUKHARI vs State Ss
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed RAZA HUSSAIN BUKHARI VS State Ss. 497 & 498---Constitution of Pakistan, Arts. 9, 10A, 14 & 199---Bail---Constitutional jurisdiction of the High Court to grant bail---Scope---High Court while hearing a bail petition under Sections 497/ 498, Cr.P.C, other than possessing inherent jurisdiction under Section 561-A, Cr.P.C., also enjoys its constitutional jurisdiction as a guardian of the fundamental rights of the accused---Such protective constitutional jurisdiction of the High Courts cannot be circumscribed by any sub-constitutional legislation---If a High Court while hearing a bail petition is of the view that the facts and circumstances of the case offend and impair the fundamental rights of the accused, it can grant bail in exercise of its constitutional jurisdiction without being limited by the legislation that regulates the grant of bail in the offence.

Other judgments reported in 2022 PLD

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